Mullaperiyar dam

Mullaperiyar Dam The Mullaperiyar Dam dispute between Kerala and Tamil Nadu The Mullaperiyar Dam is a masonry gravity dam on the Periyar River in the Kerala state of India. It is located 881 m (2,890 ft) above mean sea level, on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District of Kerala, South India. It was constructed between 1887 and 1895 by the British Government to divert water eastwards to the Madras Presidency area (present-day Tamil Nadu). It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft). The Periyar National Park in Thekkady is located around the dam's reservoir. The dam is located in Kerala on the river Periyar, but is controlled and operated under a period lease by neighboring Tamil Nadu state. Although the Periyar river has a total catchment area of 5398 km2with 114 km2 in Tamil Nadu, the catchment area of the Mullaperiyar dam itself lies entirely in Kerala. The control and safety of the dam and the validity and fairness of the lease agreement have been points of dispute between Kerala and Tamil Nadu states.]Supreme court judgment came in 27 February 2006, allowing Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it. Responding to it, Mullaperiyar dam was declared an 'endangered' scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006. Futurologists say that the next world war will be fought over water because fresh supplies will become increasingly scarce. Pakistan has already added water to the long list of disputes with India and people in India have grown concerned about what they say are Chinese efforts to dam the Brahmaputra River. If the south Indian states of Kerala and Tamil Nadu were independent countries with their own armies, they might have been at war by now over the water held behind a dam in Kerala that supplies Tamil Nadu. Protests and demonstrations have lasted for more than five years and tensions have been so elevated recently that some citizens have resorted to violence as India's federal government, for the most part, has watched helplessly. The Mullaperiyar dam on the Periyar river sits in and belongs to the state of Kerala. The state wants to repair or rebuild the 116-year-old dam with its own money, if necessary, because it fears that the dam could fail because it has developed leaks and because tremors around it have become more frequent in recent months. An estimated 3 million people live downstream from the dam and could be submerged if it is breached. Dam row: Special session of TN Assembly today Mullaperiyar row: Reducing water in dam not necessary, says Supreme Court More than 100 years ago, Kerala agreed to divert the east-flowing river and leased a piece of its territory to the other state for 999 years. In return, Kerala now receives 1 million rupees, or about $19,000, a year. Historians believe that the king of Travancore signed the deal under pressure in the face of demands of the bigger state that was backed by India's British rulers. Tamil Nadu, a relatively more arid state that has chronic water problems, has refused to renegotiate the deal or agree to the construction of a new dam. The state's leaders appear to be terrified that they will not be allocated as much water from a new dam as they draw from the river now. That fear persists even though Kerala officials have offered assurances that they will not change the current water sharing formula. Officials in Kerala have often presented a muddled and inconsistent case for why the dam should be rebuilt. Some have argued that the dam was close to collapse, while others have said that simply reducing the amount of water stored behind the dam and building a tunnel to relieve the pressure of the water would be sufficient to protect the dam. Independent scientists are divided on Kerala's claims that the dam is in mortal danger, but they are no more convinced by Tamil Nadu's assertions that it is completely safe after 116 years of use. The Indian Institute of Technology Roorkee, one of the country's leading universities, has concluded that the dam will collapse if the area is struck by an earthquake of magnitude 7 or more. No one is certain whether another dam downstream could contain the water if the Mullaperiyar is breached. A committee appointed by the Indian Supreme Court to study the issue has signaled that it is more inclined to support Tamil Nadu's position. But as a compromise, it is likely to recommend the construction of another dam downstream. Kerala has not only agreed to bear the cost of such a dam, but also expressed its willingness to jointly manage it with Tamil Nadu. But the feasibility of such a dam is in question and its environmental impact may be significant. In the case of another infrastructure project, Tamil Nadu officials have protested federal plans to set up a nuclear power plant on its eastern coast at Kudankulam. The state has argued that the plant could expose its residents to radiation. Yet, it does not share Kerala's concern that an old and leaking dam might burst and drown millions of lives. Floods have killed far more people than nuclear meltdowns. About 25 years ago, a dam in Gujarat caved in and killed hundreds of people. In Kerala, recent protests appear to be stoked by a regional party that is part of the ruling coalition government hoping to gain political points. An appeal by Prime Minister Manmohan Singh has calmed those voices, but a recent visit by Mr. Singh to Tamil Nadu, which is ruled by a different party that is not part of the government's coalition, did not advance the cause of negotiations. In theory, the dispute could be solved easily if the government repairs or rebuilds the dam while guaranteeing that Tamil Nadu will continue to receive ample supplies of water. Lives would be saved in Kerala and livelihood would be saved in Tamil Nadu. Instead, the war of words and protests continue, threatening trade and peace between the states. For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga and Ramnad districts, providing water for irrigation and drinking, and also for generation of power in Lower Periyar Power Station. Tamil Nadu has insisted on exercising its unfettered rights to control the dam and its waters, based on the 1886 lease agreement. Kerala has pointed out the unfairness in the 1886 lease agreement and has challenged its validity. However, safety concerns posed by the 116-year old dam to the safety of the people of Kerala in the event of a dam collapse, have been the focus of disputes from 2009 onwards. Kerala's proposal for decommissioning the dam and constructing a new one has been challenged by Tamil Nadu. Tamil Nadu has insisted on raising the water level in the dam to 142 feet, pointing out crop failures. One estimate states that "the crop losses to Tamil Nadu, because of the reduction in the height of the dam, between 1980 and 2005 is a whopping 40,000 crores. In the process the farmers of the erstwhile rain shadow areas in Tamil Nadu who had started a thrice yearly cropping pattern had to go back to the bi-annual cropping." The Kerala Government maintains that this is not true. During the year 1979–80 the gross area cultivated in Periyar command area was 171,307 acres (693.25 km2). After the lowering of the level to 136 ft (41 m), the gross irrigated area increased and in 1994–95 it reached 229,718 acres (929.64 km2). The Tamil Nadu government had increased its withdrawal from the reservoir, with additional facilities to cater to the increased demand from newly irrigated areas. In 2006, the Supreme Court of India by its decision by a three member division bench, allowed for the storage level to be raised to 142 feet (43 m) pending completion of the proposed strengthening measures, provision of other additional vents and implementation of other suggestions. However, the Kerala Government promulgated a new "Dam Safety Act" against increasing the storage level of the dam, which has been challenged by Tamil Nadu on various grounds. The Supreme Court issued notice to Kerala to respond, however did not stay the operation of the Act even as an interim measure. The Court then advised the States to settle the matter amicably, and adjourned hearing in order to enable them to do so. The Supreme Court of India termed the act as not unconstitutional. Meanwhile, the Supreme Court constituted a Constitution bench to hear the case considering its wide ramifications. The Kerala Government states that it does not object to giving water to Tamil Nadu, their main cause of objection being the dam's safety as it is 116 years old. Increasing the level would add more pressure to be handled by already leaking dam. Tamil Nadu wants the 2006 order of Supreme Court be implemented so as to increase the water level to 142 feet (43 m). In 2000 Frontline one author stated thus: "For every argument raised by Tamil Nadu in support of its claims, there is counter-argument in Kerala that appears equally plausible. Yet, each time the controversy gets embroiled in extraneous issues, two things stand out: One is Kerala's refusal to acknowledge the genuine need of the farmers in the otherwise drought-prone regions of Tamil Nadu for the waters of the Mullaperiyar; the other is Tamil Nadu's refusal to see that it cannot rely on or continue to expect more and more from the resources of another State to satisfy its own requirements to the detriment of the other State. A solution perhaps lies in acknowledging the two truths, but neither government can afford the political repercussions of such a confession". Tamil Nadu argues that the latter is similar to tax revenues unfairly distributed to underdeveloped states within India, to the detriment of the revenue producing states, i.e., a form of wealth distribution. What we see here is a microcosm of the bigger problem that India faces with China, which is building dams on Brahmaputra. Justice A.S. Anand Committee (The Empowered Committee) On 18 February 2010, the Supreme Court decided to constitute a five-member empowered committee to study all the issues of Mullaperiyar Dam and seek a report from it within six months. The Bench in its draft order said Tamil Nadu and Kerala would have the option to nominate a member each, who could be either a retired judge or a technical expert. The five-member committee will be headed by former Chief Justice of India A. S. Anand to go into all issues relating to the dam's safety and the storage level. However, the then ruling party of Tamil Nadu, DMK, passed a resolution that it not only oppose the apex court's decision to form the five-member committee, but also said that the state government will not nominate any member to it. The then Tamil Nadu Chief Minister M. Karunanidhi said that immediately after the Supreme Court announced its decision to set up a committee, he had written to Congress president asking the Centre to mediate between Kerala and Tamil Nadu on Mullaperiyar issue. However, the then Leader of Opposition i.e., the present Chief Minister of Tamil Nadu J. Jayalalithaa objected to the TN Government move. She said that this would give advantage to Kerala in the issue. Meanwhile, Kerala Water Resources Minister N. K. Premachandran told the state Assembly that the State should have the right of construction, ownership, operation and maintenance of the new dam, while giving water to Tamil Nadu on the basis of a clear cut agreement. He also informed the media that Former Supreme Court Judge Mr. K. T. Thomas will represent Kerala on the expert panel constituted by Supreme Court. On 8 March 2010, Tamil Nadu told the Supreme Court that it was not interested in adjudicating the dispute with Kerala before the special “empowered” committee appointed by the apex court for settling the inter-State issue. However, Supreme Court refused to accept Tamil Nadu's request to scrap the decision to form the empowered committee. The Supreme Court also criticized the Union Government on its reluctance in funding the empowered committee. Setting at rest the controversy over the safety of the 116-year-old Mullaperiyar dam, the Empowered Committee, headed by the former Chief Justice of India A.S. Anand, has said it is “structurally and hydrologically safe, and Tamil Nadu can raise the water level from 136 to 142 feet after carrying out certain repairs.” In its report submitted to the Supreme Court on 25 April 2012, the committee is understood to have said: “The dam is seismically safe.” Last year's earth tremors in that region “did not have any impact on the Mullaperiyar dam and the Idukki reservoir and there was no danger to the safety of the two dams.” Construction of a new dam Kerala enacted the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 to ensure safety of all 'endangered' dams in the State, listed in the second schedule to the Act. Section 62A of the Act provides for listing in the schedule, "details of the dams which are endangered on account of their age, degeneration, degradation, structural or other impediments as are specified". The second schedule to the Act lists Mullaperiyar (dam) constructed in 1895 and fixes 136 feet as its maximum water level. The Act empowers Kerala Dam Safety Authority (Authority specified in the Act) to oversee safety of dams in the State and sec 62(e) empowers the Authority to direct the custodian (of a dam) "to suspend the functioning of any dam, to decommission any dam or restrict the functioning of any dam if public safety or threat to human life or property, so require". The Authority can conduct periodical inspection of any dam listed in the schedule. In pursuance of Kerala's dam safety law declaring Mullaperiyar dam as an endangered dam, in September 2009, the Ministry of Environment and Forests of Government of India granted environmental clearance to Kerala for conducting survey for new dam downstream. Tamil Nadu approached Supreme Court for a stay order against the clearance; however, the plea was rejected. Consequently, the survey was started in October 2009. On 9 September 2009 stated it had already communicated to the Government of India as well as to the Government of Kerala that there is no need for construction of a new dam by the Kerala Government, as the existing dam after it is strengthened, functions like a new dam. Dam Safety After the 1979 Morvi Dam failure which killed up to 15,000 people,[32] safety concerns of the aging Mullaperiyar dam's and alleged leaks and cracks in the structure were raised by the Kerala Government. A Kerala government institution, Centre for Earth Science Studies (CESS), Thiruvananthapuram, had reported that the structure would not withstand an earthquake above magnitude 6 on the Richter scale. The dam was also inspected by the Chairman, CWC (Central Water Commission). On the orders of the CWC, the Tamil Nadu government lowered the storage level from 142.2 feet to 136 feet, conducted safety repairs and strengthened the dam.